Does a prenuptial agreement override family law?

If we have a prenuptial agreement in place, does that nullify the regular family laws? I want a prenuptial agreement that divides what I earn from hers. Also an agreement regarding how children will be provided as well. .

Jackson, MS -

Attorney Answers (2)

Jeffrey J. Padgett

Jeffrey J. Padgett

Family Law Attorney - Batesville, MS

A pre-nup falls under contract law which can trump family law if drafted correctly, and you can provide for her and your children in that agreement should a divorce occur. Hopefully your marriage will not have to fall back on the pre-nup. Good Luck!

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Mary Elizabeth Milek

Mary Elizabeth Milek

Child Custody Lawyer - Oxford, MS

I would only add that where prenuptial agreements usually fail, is little or no consideration for the party in the weaker financial condition. This is where most prenuptials will be set aside (or large portions of it). Several times I have had to tell a client, I can draft these papers like this if you want, but they don’t stand much of a chance if challenged. Protecting your assets is one thing, but if your prenuptial makes you sound selfish or greedy, don’t be surprised if the entire agreement becomes round file material.

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